Help! Afraid to go to interview b/c employment question

[thezen]

Can you please advice

I need some advice from you guys based on your experience.
I left the sponsoring employer after almost 5 months of GC.
I have my citizenship interview in feb next year.
I am little worried and just want to know if this will pose any problem.

Please advice.

 

[Jackolantern]

My take, in a perfect world where court systems were timely, USCIS would have probably have revoked the green card.

Actually, in a perfect world where USCIS was timely, they would have granted the green card within a few months of her filing the I-485, and by the time her job was moved to HK she would have already done 18+ months of work with them post-GC. After having worked that long, employment history should be a non-issue at the citizenship interview.

With 2 years having passed between filing the I-485 and green card approval, combined with the company's decision to move the job away, I think the poster is in good shape if she can give proof of the relevant facts.

 

[boatbod]

I need some advice from you guys based on your experience.
I left the sponsoring employer after almost 5 months of GC.
I have my citizenship interview in feb next year.
I am little worried and just want to know if this will pose any problem.

Please advice.

5 months? No problem, assuming no other unmentioned red flags.

 

[brb2]

Even in a "perfect world" it would be hard for me to imagine a government department being efficient, particularly USCIS!

Actually, in a perfect world where USCIS was timely, they would have granted the green card within a few months of her filing the I-485,.....

 

[AlIndori]

Those with Employement issues like working less than 6 months should consult only lawyers and only lawyers. Please spend $500 and consult a competent lawyer. You do not want to risk citizenship application or prolong it just for $500 or so. Taking advice on this site will only make you "feel better", but this won't change facts. This would be more like people telling a cancer patient "Nothing will happe, be happy" does not cure his cancer.

 

[boatbod]

Those with Employement issues like working less than 6 months should consult only lawyers and only lawyers. Please spend $500 and consult a competent lawyer. You do not want to risk citizenship application or prolong it just for $500 or so. Taking advice on this site will only make you "feel better", but this won't change facts. This would be more like people telling a cancer patient "Nothing will happe, be happy" does not cure his cancer.

I know of no rule that specifies a minimum period to work for a sponsor. If you know otherwise, feel free to cite a reference.

Certainly some people can benefit from consulting a lawyer, however for a great many cases there is little to no benefit, except perhaps lightening your wallet.

More importantly, if you consult a bunch of different lawyers about a case like this, you will likely end up with a bunch of different suggestions. Would that make the OP any more comfortable than discussing the issue for free here? Nobody has suggested we are offering anyone legal advice, but there is value in sharing our collective experiences and research of public documents.

 

[thezen]

Agree Boatbod

You are right.We are just trying to exchange information here.No legal service.
Boatbod - what did you mean by 'no other red flags'.

 

[boatbod]

You are right.We are just trying to exchange information here.No legal service.
Boatbod - what did you mean by 'no other red flags'.

Stuff like:
- back-to-back long absences from the US
- foreign employment
- marital problems (for a marriage-based N-400)
etc, etc.

 

[rogerkint]

My experience

I left my job 5 months after GC. I did not work two years after that as I was in business school. I got a job after that that was very different from the I left. I applied for Citizenship as soon as I was eligible. Nobody asked me anything....

rk

PS - my guess is they ask employment records to confirm your residence story

 

[boatbod]

I left my job 5 months after GC. I did not work two years after that as I was in business school. I got a job after that that was very different from the I left. I applied for Citizenship as soon as I was eligible. Nobody asked me anything....

Doesn't sound like any problems with anything there.

PS - my guess is they ask employment records to confirm your residence story

Yes, that's the primary reason they ask for it. As you may have gathered, USCIS is very focussed on ensuring you meet their interpretation of the continuous residence criteria.

 

[ny11023]

I suggest (as Jack did) let your husband naturalize first and then even if some USCIS officer revokes your green card, you can file immediately as spouse of USC. However if your green card his revoked his basis for green card is also not valid as a derivative.

Good discussions going on here. Learned a lot.

I considered the above option as well. But my husband got his GC through ME. So-
1. Wouldn't his citzenship/gc be in danger if mine is revoked?
2. In HIS interview, wouldn't he be questioned about my employment status since he got his GC through me?
3. If I pulled the application now (we applied together), wouldn't that raise flags about me anyway?

Since couple of you brought up this option, I'd really like to look into this as an alternative. My concerns have been the above 3 issues. If this proves to be a safer way, I might just go with it. I don't HAVE to get the citizenship immediately. I'm only considering bringing my mom here since her app for visiting visa got repeatedly rejected over the years, which annoys me a great deal.

Thank you all, gurus and fellas.

 

[ny11023]

But what it seems like is that they didn't actually kick you out. I get the feeling that you left on your own after being notified of the imminent decision to move the job to HK. Is that the case?

Yes, Jack, I wasn't kicked out.

 

[Jackolantern]

Yes, Jack, I wasn't kicked out. I probably should have hanged on for longer, even with the situation then. But right at the same time, my father got ill as well, I had to go back to my home country for a few weeks. So I made a rush decision which I regret now.

The reason I said that company may be reluctant to provide anything (about locating a job to oversea) in writing was that they had some labor-related problems years ago. Got burned a bit, and I sensed that they were quite scared after the incident, and got super careful with any related issue. If I asked for something like a letter, they mostly will give me the song and dance of "consulting a corporate lawyer" stuff.

In some states it is mandatory for them to tell you in writing why they fired you or laid you off. If you lived in one of those states and waited for them to kick you out, you might have been able to legally force them to give you something in writing. But you didn't, so ...

Another strategy is to tell the interviewer about what happened and hope they believe you. If the interviewer needs some proof, get a lawyer to contact the company about giving you something in writing about the position being moved to HK. That should prompt the company to take the request seriously.

 

[ny11023]

But my husband got his GC through ME. So-
1. Wouldn't his citzenship/gc be in danger if mine is revoked?
2. In HIS interview, wouldn't he be questioned about my employment status since he got his GC through me?
3. If I pulled the application now (we applied together), wouldn't that raise flags about me anyway?

Since couple of you brought up this option, I'd really like to look into this as an alternative. My concerns have been the above 3 issues. If this proves to be a safer way, I might just go with it. I don't HAVE to get the citizenship immediately. I'm only considering bringing my mom here since her app for visiting visa got repeatedly rejected over the years, which annoys me a great deal.

Thank you all, gurus and fellas.

Shameless self bump. Sorry. But any opinion regarding the alternative (letting my husband going through the interview alone first)?

 

[boatbod]

Shameless self bump. Sorry. But any opinion regarding the alternative (letting my husband going through the interview alone first)?

I don't believe he will face any specific issues, but once again its all dependent on the IO assigned to the case.

 

[Jackolantern]

Shameless self bump. Sorry. But any opinion regarding the alternative (letting my husband going through the interview alone first)?

I don't know if that is any better or worse. Your employment may be called into question either way, because his green card was derived from yours. If you are really afraid, you should withdraw both applications and wait a few more years to reapply, by which time they should be much less concerned with your employment situation at the time of the green card (although it is still possible they could ask about it no matter how long you wait).

If you are not so afraid, go through with it anyway, and be aware that you will have the chance to defend your green card in court if they want to revoke it due to this issue. Once it goes to court, all the facts will come out (you may even be able to force the former employer to testify or otherwise provide evidence) and if everything you have told us is true, and you have a good lawyer, you should prevail (of course, this assumes you have $10-$20K to spend for a lawyer).